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UNITED STATES v. JOHNSON

No. 74-1198.

562 F.2d 649 (1976)

UNITED STATES of America v. Joseph T. JOHNSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1976.

Attorney(s) appearing for the Case

Frederick H. Robinson, Jr., Washington, D.C., with whom John S. Nolan, Washington, D.C. (both appointed by this Court), were on the brief for appellant.

Edward C. McGuire, Asst. U. S. Atty., Washington, D.C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, James F. McMullin, and Eugene M. Propper, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Before BAZELON, Chief Judge, GEORGE EDWARDS, Circuit Judge for the Sixth Circuit, and TAMM, Circuit Judge.

Opinion for the Court filed by Circuit Judge EDWARDS.

Opinion filed by Chief Judge BAZELON concurring in result.

EDWARDS, Circuit Judge:

This is an appeal from denial of a petition to vacate sentence under 28 U.S.C. § 2255 (1970). The District Judge who conducted a brief and nonevidentiary hearing on this motion denied it on the basis of the record of the jury trial at which he had presided. At that trial appellant had been found guilty of second...

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